In rejecting the application to add Stone as a witness, Justice Wigney said amending the defence so late in the trial would mean a new trial would have to be conducted.

He said that would be unfair on Rush.

The actor was awarded $850,000 in general and aggravated damages, but his final figure is likely to be much higher once loss of income is considered.

The Telegraph this week signalled its intention to appeal by arguing Justice Wigney may have appeared biased.

The newspaper relies on an argument of apprehended bias rather than actual bias.

Rush's barrister Sue Chrystanthou today pushed for an injunction preventing the Telegraph from repeating the allegations.

She said she had not intended to raise injunctions, but the newspaper's conduct had forced her hand.

"In the last seven days they've engaged in a campaign against, with respect, the court but with the effect of attacking the vindication that my client achieved a month ago by attacking the court," Ms Chrysanthou said.

Ms Chrysanthou said there was no basis to oppose an injunction.

"They tried to defend their articles and they lost," she said.

"There's no public interest in allowing them to persist in publishing falsities."

The Telegraph's lawyer flagged an application for Justice Wigney to decide whether there is an apprehension of bias such that he should recuse himself.